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« Apologies for Bad Jokes? | Main | Is Santorum Angry? »

November 02, 2006

Military Commissions Act Challenged

Lawyers for detainees at Guantanamo are already challenging the habeas corpus provisions of the Military Commissions Act of 2006.  They've been joined by a non-partisan group of retired judges in seeking to restore civil liberties in the USA.  Since the constitution specifically lays out only two possible scenarios for the suspension of the government's right to arrest and detain people indefinitely without charges there's an excellent chance this challenge will overturn this draconian law.

After George W. Bush signed this Act government lawyers immediately began trying to get existing habeas corpus petitions dismissed and this challenge says they cannot. 

The new law was enacted after the Supreme Court said the Bush Administration's previous actions were unconstitutional (Hamdan v. Rumsfeld).  The Military Commissions Act sought to rectify the problem by repealing the Bill of Rights.  What Bush doesn't seem to inderstand is you can only amend the constitution by one process:  amending the constitution.  Therefore this new law is also unconstitutional.

If George W. Bush really wants to deprive people of their rights to due process and arrest and indefinitely detain anyone he pleases for as long as he pleases he should do it the proper way.  He should introduce ten new amendments to Congress, eash of it would repeal one of the amendments we refer to as the Bill of Rights.  Then we can have a national dialogue about subverting democracy and ending freedom and have each state vote on each amendment.

If a clear majority of Americans in 3/4 of the states voluntarily decide that things like free speech, freedom to assemble, the right to a trial, the right to confront evidence against them, the right to legal counsel and other rights Bush seems a threat to liberty, then so be it.  But let's stop this sham of passing laws they know will be overturned.

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